Constitutional Court dismisses request for constructions without permission

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Constitutional Court dismissed the lawsuit of the opposition regarding the decision of the Council of Ministers issued by the government for the confiscation of constructions without permission.

With an initiative signed by 28 MPs, Democratic Party submitted to the Constitutional Court a request for the nullification of the decision of the Council of Ministers on the confiscation of constructions without a permit, considering it as unconstitutional with the aim of legalizing floors without a permit in oligarchs’ towers.

But the Constitutional Court, with this Thursday’s decision, overturned the opposition’s claim, evaluating the decision of the Council of Ministers as constitutional.

Decision approved by the Council of Ministers obliges the building owners to either buy the floors of construction without permission at the market price or donate them to the state. Otherwise, the constructions will be confiscated by the government.

DECISION

The Constitutional Court of the Republic of Albania, after considering in a public plenary session the case with no. 6 (Nj) 2022 of the Basic Register, with petitioners not less than one-fifth of the deputies (28 deputies) of the Assembly of the Republic of Albania, with the object: “Repeal of the Decision of the Council of Ministers no. 589, dated 7.9.2022 “On the rules and procedures for confiscation for public interest of buildings built without permission for the purpose of profit”, as incompatible with the Constitution of the Republic of Albania”, in support of articles 131, point 1, letter “c ” and 134, point 1, letter “c”, of the Constitution, as well as articles 72 et seq. of law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, amended, unanimously,

DECIDED:

Dismissal of the request.

This decision is final and enters into force on the day of its publication in the Official Notebook.

The final decision will be announced as reasoned within the legal deadlines provided by law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended by the Regulation on the judicial procedures of the Constitutional Court.

 

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